#4 / 2005

Historical and political Sciences

L.D. Fedoseeva
Yermolov on Caucasus

In clause the period of A.P. Yermolov’s activity is considered. Connected with his stay on Caucasus (1816-1827) as the commander of the Caucasian case and manager by a civil part on Caucasus and in Astrakhan Areas. Is opened not only his military activity, on and outstanding abilities of the manager and state man.

The paper discusses the aspiration of the largest foreign powers, namely England, Austria, France, Turkey to influence internal policy of Russia, including the Northwest Caucasus, during the Caucasian War. To attain the object all available means were used, namely money, the weapon and people (the officers, agents and military advisers were sent by them).

L.V. Burykina
Peasants’ migration to the Northwest Caucasus in the 1820s – 1850s

The migration of peasants from the central and southern areas of the Russian empire to the Northwest Caucasus in the 1820s – 1850s is analyzed in the paper. The author emphasizes that resettlement of peasants not only laid the foundation for the future economic well-being of the region but also promoted easing of agrarian crisis in other parts of the country.

E.A. Kir'yanova
Food problem in the 1930s: state and ways of its decision (according to data from some areas of the Central Russia)

The paper discusses provision of agricultural population of the Central Russia in the 1930s with the foodstuffs basing on data from the Moscow, Ryazan and Tula areas united before 1937 in the uniform Moscow area. Ways of the decision of a grain problem are analyzed, namely an increase of areas under crops, introduction of crop rotations and improvement of a seed affair and agricultural specialization of areas. Productivity of actions made by the Communist Party and State structures is appreciated

Sciences of Law

N.S. Skhabo
Some aspects of the evolution of a principle of freedom of the contract in domestic civil law

An attempt is made to consider a principle of freedom of the civil-law contract from the point of view of its evolution that is to investigate it in a context of its change and development. In this connection an experience of pre-revolutionary civil law, works of the Soviet scientists – jurists, and also a state of modern domestic civil law are generalized and investigated.

B.I. Shekultirov
Constitutional-legal regulation of the international activity of the regions of the Russian Federation

An analysis is made of the constitutional-legal regulation of the international activity of the regions in the Russian Federation. The paper gives a detailed differentiation of powers between the centre and subjects of the Russian Federation for achievement of mutual benefit and observance of the constitutional – legal principles.

N.I. Gerasimova
The mechanism of protection of property rights for the participants of the limited liability company

The paper is devoted to a pressing question of modern civil law: to a problem of protection of property rights of the Open Company participants. The general and special ways of protection of their property rights, as well as specific features of the mechanism of pre-judicial and judicial protection of the broken rights of the participants of the limited liability company are considered.

In the paper the following functions of a search are recognized: a reconnaissance function of a search, a function of fixing and certification, research and constructive functions. The tasks decided at each of stages are determined.

Basing on judicial-investigatory practice the author considers problems of qualification of the qualified kinds of taking bribes. Allocating a clause with qualifying attributes, the legislator recognizes that these attributes essentially influence a degree and character of public danger of the given act according to which the certain limits of its punishability are established. Those are: taking bribes by the person occupying the state post of the Russian Federation or the state post of the subject of the Russian Federation, and equally by the head of institutions of local government (P.3, item 290 in Criminal Code of the Russian Federation); taking bribes by a group of persons on preliminary arrangement or the organized group (item ”a”, P.4, item 290 in Criminal Code of the Russian Federation); corruption passive par sollicitation (P.4 item 290 in Criminal Code of the Russian Federation); reception of a bribe for illegal actions (inactivity) (item 2 of item 290 in Criminal Code of the Russian Federation); the large size of a bribe (P.4, item 290 in Criminal Code of the Russian Federation).

The present paper is devoted to one of the most acute questions of the present, namely to the criminal liability of minors. This problem is of great importance especially in conditions of significant growth of criminality among minors and perpetrating by them of heavy, violent, profit-motivated crimes.
The paper examines both the general bases of the criminal liability stipulated by working criminal legislation of the Russian Federation, and the basis of attraction to the criminal liability of the persons who have not reached full age. Besides the author investigates age groups of minors and gives the characteristic of each of them and provides arguments for decreasing age of the criminal liability for minors.
The author uses foreign experience in the decision of a problem of attraction of minors to the criminal liability and considers various approaches to this question of domestic experts.

R.E. Mirzoyan
The historical precondition of the development of non-cash monetary circulation

The development of non-cash monetary circulation in Russia occurred under the direction of the State. The initial stage is characterized by absence of due legal regulation in the legislation of the Russian Federation. In the Soviet period regulation of settlement relations was carried out by circulars of the State Bank of the USSR. Civil Code of the Russian Federation provides 4 forms of calculations: payment orders, the letter of credit, the collection and the check. The main principles of realization of non-cash monetary circulation are generated at a level of the law.

The concept “law subjectivity” refers to legal categories that are seldom used in normative-legal acts of the states and in sources of international law. For this reason neither the general theory of law nor the theory of international law has a generally recognized definition of this concept. Some scientists under subjectivity of law understand the precondition of the law relation, others, an opportunity of being the participant of the law relation, consisting of two elements – legal capacity and capability of actions.

V.I. Margiev
Evolution of the theory and practice of international law subjectivity

The theory and practice of international law subjectivity have passed long evolution. In different epochs of human development the circle of subjects of international law frequently varied. Thus, in Ancient Rome the basic subjects of international law were the peoples and their governors and at present time those are the states, nations and peoples, the international organizations and state-like formations. Separate lawyers expand a circle of the subjects of international law.

M.M. Tkharkakho
On legal institutes of the state of emergency in foreign countries

The paper is devoted to legal institutes of the state of emergency in foreign countries. The author gives information on the kinds of the state of emergency in the USA, Great Britain and France. It is examined which agencies in these countries have the right to solve the problem on introduction of the state of emergency, the bases for introduction of this state and the consequences of its introduction.

The sociology of the right is a young science the potential of which was realized not to the full. It is an independent scientific discipline, the root system of which reaches the territory of both jurisprudence and the general sociology.

The paper discusses the principal cause of the Osetin-Ingush interethnic conflict ended in bloodshed on October 31 and on November 1 and 2, 1992. The basis of the conflict was an immemorial territorial question that was warmed up and became more complicated at three political regimes: at czarism, at the Soviet power and in the modern Russian Federation. Two fraternal people went to its overcoming for a long period of time, but this process is difficult because of the opposite concepts and approaches.

E.A. Parasyuk
Public corporations and bodies of the government in Russia: setting up and development of the mechanism of interaction

The paper discusses the essence of public corporations as institutes of a civil society. The legislative base determining their legal status is analyzed; the characteristic is made of the mechanism of interaction of public associations and bodies of the government during the formation of a civil society and a lawful state in modern Russia; special attention is given to setting up and development of the mechanism of social partnership.